Monday, April 25, 2011

The Supreme Court Made its Decision

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Dear Friend of Liberty,

Well, the answer is no.  

We received word back today from the Supreme Court regarding our appeal to expedite the Healthcare Case and bypass the 4th Circuit Court of Appeals, and our petition was not granted. 

However disappointing, this was always the most likely outcome - the Supreme Court only expedites cases once or twice in a decade.  It is still likely that our case will be decided by the Supreme Court by June of 2012 given our current track.

So, what now?  Well, just next month, we will be presenting oral arguments in the 4th Circuit Court of Appeals, on May 10th to be specific.  We expect a decision from the 4th Circuit at some point during the summer. 

It is just as true now as ever that the logical end point for this case is the Supreme Court.  If we lose in the 4th Circuit, we will appeal directly to the Supreme Court; however, if we win in the 4th Circuit, I expect the Obama administration to continue its attempts to drag out the case by asking the entire 4th Circuit to rehear the case - called an en banc review.  That course would add a few additional months to our case, but still probably leave the Supreme Court finally deciding the case by June of 2012.

As always - we'll keep you updated as events progress!

 Ken's Signature  
Ken Cuccinelli, II
Attorney General of Virginia

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